Case Summaries

Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.

The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.

At Freeburn Hamilton, we welcome referrals.


 

The United States Supreme Court Holds That FEHBA Preempts State Anti-Subrogation Laws.

April 18th, 2017

On April 18, 2017, the United States Supreme Court handed down an 8 to 0 decision written by Justice Ginsburg in the case of Coventry Health Care of Missouri, Inc v. Nevils, 2017 WL 1377380, holding that the Federal Employees Health Benefits Act (FEHBA) preempts states’ anti-subrogation laws.

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New UIM Stacking Waiver Required.

April 11th, 2017

In Pergolese v. The Standard Fire Insurance Co. 2017 WL 1337943 (April 11, 2017), a split panel of the Pennsylvania Superior Court held that The Standard Fire Insurance Company was required to obtain a new UIM stacking waiver when its insured informed their insurer that they were purchasing a new vehicle, and the new vehicle was added to the policy before the purchase was complete.   

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Products Liability, Tincher Rule

April 11th, 2017

In Renninger v. A&R Machine Shop, et al, 2017 WL 1326515 (Pa. Superior Ct., 4/11/2017), a unanimous three judge panel of the Pennsylvania Superior Court handed down one of the first appellate court decisions since the law of Products liability in Pennsylvania was changed by the Pennsylvania Supreme Court.

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A Decision by a Heart & Lung Arbitrator is Not Binding in a Workers’ Comp Proceeding.

April 3rd, 2017

In Merrell v. WCAB, 2017 WL 1210197 (April 3, 2017), the Pennsylvania Commonwealth Court held that a decision by a Heart & Lung  arbitrator that a claimant was disabled and thus entitled to Heart & Lung benefits was not binding on the Workers’ Compensation Judge. 

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